“Special Compensation” Saves the Day: Salvage of the F/V Lindsey Jeanette
In my Article in the June/July 1999 issue of this Newsletter I discussed the “Special Compensation” that is now available under the Salvage Convention of 1989 (adopted in the U.S. in 1996). “Special Compensation” is available to salvors under circumstances in which there exists a threat of damage to the environment. A salvor may receive “Special Compensation” even though its salvage efforts are unsuccessful or when the value of the salvaged property is insufficient to fully fund a salvage reward.
Next, in my November/December article, I reviewed how “more liberal” awards to professional salvors are still available under Article 13 of SALCON 89.
These concepts have been validated in a recent decision by the U.S. District Court for the Middle District of Florida, which reinforces the idea that a salvor should be fully compensated for both his salvage efforts and his efforts to protect the environment.
Co-Salvage: How to Slice the Pie
In many cases salvage operations are a cooperative venture conducted by more than one Salvor. Salvors may work together at the same time or may work consecutively toward their ultimate goal of salving property and minimizing damage to the environment. Co-salvage situations most commonly occur near busy harbors or other places where salvage assets are more closely concentrated.
Obtaining Security for Your Salvage Claim
Now that you have successfully saved a vessel from almost certain destruction by a marine peril, what do you do next? More importantly, how will you ensure that funds will be available to pay your salvage claim? These age-old questions still pose significant challenges to salvors and their attorneys today.
Salvage Lien Characteristics
The scope and characteristics of the salvage lien are often misunderstood. Hopefully this article will shed some light on this complex legal concept, which underlies virtually all claims for a salvage reward.
Life Salvage: Added Incentive to Save Life at Sea
The concept of “Life Salvage” is one of the most confusing principles of salvage law. Hopefully this short article will cast aside some of that confusion and clarify the concept.
Salvage Convention of 1989: Rewarding Efforts to Protect the Environment
To the professional salvor, the principle of “No cure – No pay” is one of the most inequitable rules to be adopted by the admiralty courts. Under this principle, the skilled and professional salvor will receive no salvage reward in the event that his salvage efforts fail, or in the event that the salved property has little or no value. This principle is closely linked to a second rule which provides that the amount of the salvage reward may not exceed the value of the salvaged property.
Treasure Salvage: Finders Keepers?
Property found in or near the water may take many forms – from a derelict vessel found drifting on the current, to a whale or lump of ambergris washed up on a beach, to a chest full of Spanish doubloons found buried in the sandy bottom.
In each case, the finder may desire to claim it as his own (or at least to claim a substantial reward for finding or saving the item). But how does the law treat each of these situations?
Understanding the Differences Between Towing and Salvage
Every year, hundreds of boaters discover first-hand the difference between contract towing and salvage. In many cases, the discovery is made when the surprised boat owner receives a bill for a salvage reward as opposed to a bill for towing services.